I have filed my ED affidavit but there is a hearing schedule for the 29th that my STBX has not filed one. What exactly does this mean as far as the division of property goes?
Depending on where you are in the time line of discovery and what the hearing is for, you may need to file a motion to compel and a motion to continue the hearing.
I have about five weeks to prepare for my ED hearing (pro-se). I had counsel, not the one I retained, but his counterpart. He never showed up in court with me, she did. He recently was disbarred, again. She knew crunch time, was coming and that he was out, and that I have no money. She then sends me an overinflated bill and says I have to pay that plus another $3K if I want to keep her as counsel. IMO, she has done hardly anything, thus far. She’s been a major disappointment. It took her almost a year to get me PSS (I’m the dependent spouse, broke. She’s gets $9200/mo of tax free government money), but that also came with about $10-1500 in bills. I don’t think she even requested anything for financial discovery. The most I seen was a simple affidavit and her income. Nothing else. Most of the time I would have bet she is working for them, IMO. Apologies for venting.
The matter at hand… Again, I have a VERY short time to ‘become a lawyer’…lol. I do not have a clue where to start. Is it too late for discovery of my STBXs finances? What paperwork do I need to file? If I heard the judge correctly (at the absolute divorce hearing) is that I could NOT file a continuance. If so, it’s all going to come crashing down on me. How can I best prepare to start preparing?
You can ask for all financial disclosures from the other side, so that would be statements for all accounts at the date of separation to the present and for the last 6 months of the marriage. You can ask for more or less depending on the specific facts of your case.
You can also issue subpoenas for the other party’s statements.
There may be local rules in your county that require the disclosure of certain financial documents in an ED matter.
Unless your county requires a specific filing, there is likely nothing you need to file for an ED trial. However, you should have an ED inventory affidavit prepared and ready to present as an exhibit during your trial.
The Wake County Equitable Distribution Inventory Affidavit is a good one that you could use.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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